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ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B <br />REV: 05-04-26 LF <br />Page 14 of 86 <br />a. Subject to expiration of any applicable cure period, Borrower shall not be <br />in default of any of its obligations under the terms of this Agreement. <br />b. Execution and delivery of the Note, the Deed of Trust, the Regulatory <br />Agreement, a Notice of Affordability Restrictions on a form provided by the City. <br />c. Delivery of a binding commitment by a title insurance company acceptable <br />to the City to issue a lender’s policy of title insurance with any endorsements the City may <br />reasonably require, insuring the City in the principal amount of the Loan, of the validity and <br />priority of the Deed of Trust upon the Property, subject only to liens and matters of record approved <br />by the City in writing, and showing fee simple title to the Property in the name of the Borrower. <br />d. Borrower shall have provided the City with a copy of the resolution of the <br />Borrower approving and authorizing execution of this Agreement and all documents contemplated <br />hereby on behalf of Borrower and with such other documentation required by the City regarding <br />Borrower’s creation, status and authority to enter into this transaction. <br />e. Borrower shall have provided and City shall have approved insurance <br />certificates demonstrating compliance with the Insurance Requirements as set forth herein. <br />f. Borrower shall have provided City with a certificate showing it to be in <br />good standing under the laws of the State of California. <br />g. [For Expiring Covenant Loans, delete] Borrower shall have delivered to <br />City evidence that Borrower has obtained all approvals and commitments for the Additional <br />Borrower Financing necessary and sufficient to acquire the Property and complete the <br />Rehabilitation Work. <br />h. [For Expiring Covenant Loans, delete] Deposit of all funds and properly <br />executed documents into the escrow account established for this transaction as necessary to effect <br />the conveyance of the Property from the current owner of the Property to Borrower. <br />i. If this Loan is required to be subordinated to one or more Senior Loans, City <br />shall have approved (i) the terms of the Senior Loan or Loans and (ii) the form of any subordination <br />agreements by and between City and the lender making the approved Senior Loan. <br />j. [For Expiring Covenant Loans, or if Rehabilitation is minor in nature and <br />does not require building permits, delete] Borrower shall have obtained all City and other <br />governmental permits required for the applicable portions of the Rehabilitation Work, and the City <br />shall be ready to issue building permits for such portions of the Rehabilitation Work upon the <br />payment of the applicable fees by Borrower. <br />k. [For Expiring Covenant Loans, or if Rehabilitation is minor in nature and <br />does not require general contractor, delete] Borrower shall have secured and delivered to City <br />one or more construction contract(s) for the Rehabilitation Work in a form reasonably acceptable <br />to the City, provided, however that if the City shall not have delivered notice to Borrower of any <br />objections to the applicable construction contract within 5 business days after receipt, then the <br />applicable construction contract shall be deemed approved.